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HomeMy Public PortalAbout1997_06_10_O018The Town of Leesburg, .rgtma ORDINANCE NO. 97-0-18 AN ORDINANCE: PRESENTED__June 10, 1997 ADOPTED June 10,. 1997 AMENDING SECTIONS 2A-7. PROHIBITED USES; SECTION 4B-.3. SPECIAL EXCEPTION USES; SECTION 4B-8. USE LIMITATIONS; SECTION l lA-7. SPECIFIC REVIEW CRITERIA; AND ARTICLE 18. DEFINITIONS OF THE LEESBURG ZONING ORDINANCE TO PERMIT INDOOR PUBLIC AUTOMOBILE AUCTIONS IN THE B-2 ESTABLISHED CORRIDOR COMMERCLad_, ZONING DISTRICT BY SPECIAL EXCEPTION WHEREAS, automobile auctions are prohibited within the Town of Leesburg; and WHEREAS, on March 11, 1997, Council initiated and referred Resolution 97-65 to the Planning Commission for consideration; and WHEREAS, the proposed zoning ordinance text amendments would permit indoor public vehicle auctions in the B-2 Established Corridor Comlnercial zoning district; and WHEREAS, on April 17, 1997, the Planning Commission held a public hearing on the proposed text amendments and forwarded to Council a recommendation to adopt Resolution 97-65, as modified; and WHEREAS, on May 27, 1997, Council held a public hearing on these proposed amendments;; and WHEREAS, these amendments to the zoning ordinance serve the public interest by increasing economic opportunities in the B-2 Zoning District. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows: Section 2Ao7. PROHIBITED USES (1) Uses Prohibited in all Districts. The following uses are prohibited in all zoning districts within the Town of Leesburg: a. Abattoirs and/or rendering plants. b. Outdoor vehicle auctions. c. Automobile graveyards. Section 4B-3. SPECIAL EXCEPTION USES (4) Commercial Uses p. Indoor vehicle auctions Section 4B-8. USE LIMITATIONS (4) Indoor vehicle auctions may be permitted as an accessory use to vehicle sales in the B-2 District only so long as a special exception for vehicle sales and a special exception for -2- ADOPTING AMENDMENTS TO SECTIONS OF THE TOWN OF LEESBURG ZONING ORDINANCE TO PERMIT INDOOR AUTOMOBILE AUCTIONS indoor vehicle auction have been approved in accordance with the special exception criteria set forth in Section 1 lA-7 of this Ordinance. Section 1 lA-7. SPECIFIC REVIEW CRITERIA (21) Standards for Indoor Vehicle Auctions (a) Indoor vehicle auctions shall be permitted in the B-2 District only on a lot or parcel of at least three (3) acres where at least 150% of the parking requirements of this Zoning Ordinance can be met on such lot or parcel. If the facility is located adjacent to a residential district there shall be no outside loud speakers associated with this use. (c) The hours of operation for an indoor vehicle auction shall be set forth in the special exception conditions. (d) Indoor vehicle auctions may only be operated as an ancillary use to the primary use of active vehicle sales and/or rental facilities located on the same site. (e) Indoor vehicle auctions shall be held within a completely enclosed building. The building shall be adequately constructed to attenuate noise so that there is no perceptible increase in noise emanating from inside the building over and above noise levels generated by non-auction related vehicle sales activities. ARTICLE 18. DEFINITIONS INDOOR VEHICLE AUCTION A public sale of vehicles one by one, each going to the last and highest of a series of competing bidders, where the auctioneer, bidders and automobiles are located inside an enclosed building. OUTDOOR VEHICLE AUCTION A public sale of vehicles one by one, each going to the last and highest of a series of competing bidders, where the auctioneer, bidders and automobiles are located out of doors. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 10°~ day of June, 1997. ~Clerk of Council Ja~es E. Clem, Mayor .~T'own of Leesburg